Katy Perry secured another win in her years-long copyright infringement case.
According to Variety, a federal appeals court ruled Thursday that the singer was not liable to Marcus Gray, a Christian rapper who accused Perry of ripping off his 2008 record “Joyful Noise” for her 2013 hit “Dark Horse.” Gray—who performs under the moniker Flame—initially won the case in 2019, after a jury found Perry and her team guilty of copyright infringement. The singer and her collaborators were ordered pay the plaintiff $2.78 million in damages; however, the jury verdict was overturned in the following year, when Los Angeles Judge Christina Snyder determined “the signature elements of the eight-note ostinato” in “Joyful Noise” was too simple to receive copyright protection.
Gray appealed the decision in October 2020.
“When the jurors returned a unanimous verdict of infringement, I cautioned my clients that we had only finished Round 11 of a 15-round match and that the next round would take place in the court of appeals,” Gray’s attorney Michael A. Kahn told the Associated Press following Snyder’s decision. “We believe the jury was right and will do our best to restore their verdict on appeal.”
The 9th U.S. Circuit Court of Appeals upheld Synder’s ruling in a 3-0 vote. Though it’s unlikely that the case will head to the U.S. Supreme Court, Kahn told Billboard he and his client are looking at their options.
“The notion that this simple, original, and clearly distinctive 8-note melody can’t be protected by copyright runs contrary to a series of simple and clearly distinctive 8-note opening melodies, including Dave Brubeck’s ‘Take Five,’ The Rolling Stones’ ‘Satisfaction,’ and, of course, the 8-note opening to Beethoven’s 5th Symphony. We are considering our options.”
